During a house search, 35 grams of cocaine are seized. That sounds like a manageable amount. But the expert report finds a purity of 50 percent – and with it 17.5 grams of pure substance. The threshold quantity for cocaine is 15 grams. Now the purpose counts. If the cocaine was meant for sale, the charge is no longer § 27 SMG but preparation of drug trafficking under § 28 para 1 SMG – punishable by up to three years‘ imprisonment. If it was solely for personal use, it stays under § 27 SMG, even above the threshold.

The threshold quantity is the single most important figure in Austrian narcotics law once more is at stake than acquiring and possessing drugs for your own use. It counts where drugs are passed on, imported, exported or produced (§ 28a SMG), or held in order to be put into circulation (§ 28 SMG). It then determines the sentencing range and affects whether diversion is possible. What matters here is not the total weight, but exclusively the pure substance of the active ingredient. That distinction can mean years.

On this page I explain, as a criminal defense lawyer in Vienna, what the threshold quantity is, where it lies for each substance, and which lines of defense exist when it is exceeded. It sits at the centre of the wider field of drug offences in Austria.

From the threshold quantity to the sentencing range

What is the threshold quantity? – § 28b SMG

The threshold quantity is the statutory minimum quantity of the pure substance of a drug from which the law assumes a danger on a large scale to the life or health of people. It is set individually for each substance in the Narcotic Threshold Quantities Ordinance (Suchtgift-Grenzmengenverordnung, SGV) and always refers to the pure active ingredient – not to the total weight including cutting agents.

The legal basis is § 28b SMG. It empowers the Federal Minister for Health, in agreement with the Minister for Justice, to fix the threshold quantities by ordinance. In doing so, both the dangerousness of the substance and its potential for habituation must be taken into account.

Two ordinances, two sets of rules

For narcotic drugs (cannabis, cocaine, heroin, amphetamines and the like), the Narcotic Threshold Quantities Ordinance (SGV) applies on the basis of § 28b SMG. For psychotropic substances (certain benzodiazepines, synthetic substances), the Psychotropic Threshold Quantities Ordinance (Psychotropen-Grenzmengenverordnung, PGV) applies on the basis of § 31b SMG. Both ordinances state the threshold quantities in grams of pure substance.

Why the threshold quantity is so decisive

The threshold quantity does not by itself turn an act into a felony. It works only together with the act. Whoever produces, imports, exports, offers, hands over or procures a drug above the threshold commits drug trafficking under § 28a SMG: a felony carrying up to five years‘ imprisonment. Whoever acquires, possesses or transports it above the threshold in order to put it into circulation falls under § 28 para 1 SMG: up to three years, a misdemeanour (§ 17 StGB). Whoever possesses drugs solely for their own use stays under § 27 para 2 SMG whatever the quantity: up to six months or a fine. In drug trafficking, the range rises to 1 to 10 years above 15 times the threshold and to 1 to 15 years above 25 times. For §§ 28 and 28a SMG, the competent court is in practice the Regional Court (Landesgericht). Diversion under § 35 para 2 SMG requires, for §§ 28 and 28a, that you are habituated to drugs; general diversion under §§ 198 et seq. StPO does not. Conversely, a quantity below the threshold does not protect against higher penalties: there too, § 27 SMG provides for up to three years, for instance for commercial dealing (§ 27 para 3 SMG).

Threshold-quantity table – all the key substances

The following table shows the threshold quantities of the drugs most frequently encountered in practice. The SGV lists more than 150 substances across several annexes – set out here are the most practically relevant. All values refer to the pure substance of the active ingredient.

Source: Narcotic Threshold Quantities Ordinance (Suchtgift-Grenzmengenverordnung, SGV), BGBl. II No. 377/1997 as amended, RIS. For the criminal-law assessment, only the pure substance counts. For salts, the threshold quantity refers to the base of the respective substance.

Cannabis: THCA and Delta-9-THC

For cannabis, two separate threshold quantities apply: 40 grams for THCA and 20 grams for Delta-9-THC. Both active ingredients are added together. For different drugs the rule is: for each, the court calculates the percentage of its own threshold that it reaches, and “the shares are then to be added” (OGH 15 Os 83/02 of 22 August 2002). The courts calculate the same way for cannabis. In a conviction that the OGH left standing in 11 Os 44/26v of 25 August 2026, 42,289 grams of THCA and 2,202 grams of Delta-9-THC together amounted to 1,167 threshold quantities. How much cannabis herb makes up one threshold quantity depends on the active-ingredient content; only the expert report shows that. Many defendants are unaware of this calculation rule – yet it can decide whether the threshold is exceeded.

§ 27 vs. § 28 vs. § 28a – the tiered system

The Narcotic Substances Act grades criminal liability into three tiers. What matters first is what you did with the drug or intended to do with it. Only then does the quantity in relation to the threshold count. Whoever possesses a drug only for their own use stays under § 27 SMG whatever the quantity. Whoever possesses it above the threshold in order to put it into circulation falls under § 28 SMG. Whoever passes it on, imports, exports or produces it above the threshold commits drug trafficking under § 28a SMG, a felony with drastically higher sentencing ranges.

§ 27 SMG – unauthorised handling of drugs

§ 27 SMG covers the acquisition, possession and transport of drugs. Above the threshold this applies only as long as the drug is not to be put into circulation; otherwise § 28 SMG applies. Production, import, export and passing on are covered by § 27 SMG only up to the threshold; above it, § 28a SMG applies. It is a misdemeanour. It also covers the possession of a small amount of drugs. Where drugs above the threshold are produced, imported or exported, § 28a SMG applies even if they are meant only for yourself, for instance when you grow cannabis for your own use. A provisional withdrawal from prosecution under § 35 para 2 SMG or a lower penalty under § 28a para 3 SMG may then come into consideration. Which route is taken is a matter of discretion. Both require that you are habituated to drugs; the further conditions are set out in the section “Diversion and therapy instead of punishment”.

If you acquired or possessed drugs solely for your own use, the public prosecutor’s office must provisionally withdraw from the prosecution (§ 35 para 1 SMG), whatever the quantity. Therapy becomes a condition only if you need a health-related measure (§ 35 para 6 SMG).

§ 28 SMG – preparation of drug trafficking (above the threshold)

§ 28 SMG covers the acquisition, possession or transport of drugs above the threshold quantity where there is an intent to put the drug into circulation. The basic offence carries up to three years and is therefore a misdemeanour (§ 17 StGB). Where the offence concerns a large quantity, i.e. more than 15 times the threshold (para 2), or the offender acts as a member of a criminal association (para 3), it becomes a felony.

§ 28a SMG – drug trafficking (above the threshold, actual dealing)

§ 28a SMG concerns actual dealing: producing, importing, exporting, offering, handing over or procuring drugs above the threshold quantity. Here the harshest penalties in narcotics law apply.

The tiered system at a glance

How is the threshold quantity calculated?

The threshold quantity always refers to the pure substance of the active ingredient. This means: it is not the total weight of the seized substance that counts, but the actual proportion of the pure active ingredient. An expert report from the chemical laboratory determines the purity.

The formula

Pure substance (g) = gross weight (g) × purity (%)

Worked example 1: amphetamine

1. Seized: 200 g of amphetamine (street quality)
2. Purity per the report: 15%
3. Pure substance: 200 g × 0.15 = 30 g
4. Threshold quantity for amphetamine: 10 g
5. Result: 3× the threshold → if passed on or imported, § 28a para 1 SMG (up to 5 years); if possessed for sale, § 28 para 1 SMG (up to 3 years); if possessed for own use, still § 27 para 2 SMG
6. Not yet 15-fold → § 28a para 2 (large quantity) does not yet apply

Worked example 2: cocaine

1. Seized: 30 g of cocaine
2. Purity: 60%
3. Pure substance: 30 g × 0.60 = 18 g
4. Threshold quantity for cocaine: 15 g
5. Result: threshold narrowly exceeded → this counts for passing on or import (§ 28a para 1 SMG) and for possession for sale (§ 28 para 1 SMG), not for possession for own use (§ 27 para 2 SMG)

Worked example 3: cannabis

1. Threshold THCA: 40 g | threshold Delta-9-THC: 20 g
2. Seized: 400 g of cannabis herb
3. THCA content per the report: 10% → 400 g × 0.10 = 40 g THCA
4. Delta-9-THC content: 5% → 400 g × 0.05 = 20 g Delta-9-THC
5. Result: one threshold each of THCA and Delta-9-THC, added together twice the threshold – the threshold is exceeded

In practice, the purity is frequently the decisive line of defense. A low purity can decide whether the threshold is exceeded.

Aggregation intent – when individual quantities are added up

Individual sales, each of which lies below the threshold quantity, can be added together. But not automatically. For this, the Supreme Court (OGH) requires the so-called aggregation intent (Additionsvorsatz): the perpetrator must have had, from the outset, the continuous commission and the addition effect linked to it within their intent.

Requirements according to the OGH

• An intent, formed from the outset, to fulfil the offence on an ongoing basis
• A uniform factual situation and the same underlying motivation
• Mere temporal continuity is not sufficient
• A reference to „about 25 to 50 individual acts“ without a concrete link to the offence period is not enough for the aggregation intent

Where the aggregation intent is missing, the individual sales remain misdemeanours under § 27 SMG: up to one year’s imprisonment or a fine, and up to three years for commercial sales (§ 27 para 3 SMG), instead of up to five years under § 28a SMG.

Adding up different substances

The OGH has confirmed that different drugs can be added together. Cocaine amounting to three-quarters of the threshold plus heroin amounting to two-thirds of the threshold together produce an exceedance. There is, however, one restriction: drug quantities relating to different offences of a cumulative mixed offence (kumulatives Mischdelikt) may not be set in relation to the threshold quantity and their percentages may not be added.

Supreme Court (OGH) case law on threshold quantities

The following decisions of the Supreme Court (Oberster Gerichtshof, OGH) are particularly relevant in practice for threshold-quantity cases. They show how the OGH handles aggregation intent, sentencing and findings on intent.

OGH 12 Os 146/05w (23 February 2006) – aggregation intent

Between the summer and October 2004, a defendant passed marijuana and hashish in small individual quantities to several buyers – at least 500 g of marijuana and 200 g of hashish in total. The OGH made clear: combining the individual quantities into a large quantity presupposes that the intent, from the outset, encompassed the continuous commission and the addition effect. The decision was handed down under the version of the SMG in force before 2008, when the threshold quantity marked the lower limit of the “large quantity” (§ 28 para 6 SMG, former version). The OGH applies the rule under current law as well (OGH 11 Os 93/21t).

OGH 11 Os 93/21t (2 November 2021) – unity of action within the offence

Where an aggregation intent exists from the outset, several successive acts are linked into a single unity of action within the offence (tatbestandliche Handlungseinheit) and constitute one single act. The OGH clarified: where all the partial acts form one single act, commercial dealing under § 28a para 2 no. 1 SMG cannot be based on the offender having already committed two such offences (§ 70 para 1 no. 3 first alternative StGB). This qualification also requires a previous conviction for an offence under § 28a para 1 SMG.

OGH 11 Os 134/18t (29 January 2019) – sentencing where the threshold is exceeded

Where an offence that merely presupposes exceeding a single threshold quantity is fulfilled only in its simple form, the court may take the extent of the exceedance into account as an aggravating factor in sentencing. That means: a 3-fold exceedance of the threshold is, in practice, punished more severely than a narrow exceedance – even though both formally fall under § 28a para 1. This does not amount to a breach of the prohibition on double evaluation (Doppelverwertungsverbot, § 32 para 2 of the Criminal Code, StGB).

OGH 13 Os 13/13f (29 August 2013) – intent as to the pure substance

The OGH set aside a conviction for drug trafficking. The trial court had not found that the defendant intended to procure the drug, nor had it made any finding on intent as to the pure-substance content to which the threshold quantity is linked (§ 28b SMG). In this case, the subject was 8,216 g of cannabis resin with a purity of at least 10.77 percent and a pure substance of 884 g Delta-9-THC – more than 25 times the threshold quantity (§ 28a para 4 no. 3 SMG). The OGH requires the court to establish whether the defendant was at least conditionally aware of the quality and purity.

OGH 13 Os 118/25i (7 January 2026) – aggregation intent in the conviction

A recent decision concerned 2,000 g of heroin with a pure substance of 860 g of heroin base – corresponding to roughly 287 times the threshold quantity (threshold for heroin: 3 g). The trial court found that the defendant’s intent was directed at partial quantities and encompassed the continuous commission over a longer period, including the addition effect. The OGH rejected the plea of nullity against the conviction and set aside only the confiscation. It did not comment on the aggregation itself.

Diversion and therapy instead of punishment

For possession for your own use, the threshold quantity plays no role in diversion. If you acquired or possessed drugs solely for yourself, the public prosecutor’s office must provisionally withdraw from the prosecution (§ 35 para 1 SMG). A health-related measure such as therapy becomes a condition only if you need one (§ 35 para 6 SMG). For cannabis for personal use, the prosecutor obtains no medical opinion for this purpose, unless investigation proceedings for a drug offence (§§ 27 to 31a SMG) were already conducted against you within the last five years (§ 35 para 4 SMG). § 37 SMG governs judicial diversion: once the indictment has been filed, the court must discontinue the proceedings under the same conditions.

Threshold exceeded – is diversion still possible?

If you are accused of preparing drug trafficking (§ 28 SMG) or of drug trafficking (§ 28a SMG), the public prosecutor’s office can provisionally withdraw from the prosecution if you are habituated to drugs, the offence does not fall within the jurisdiction of the lay-judge or jury court, your guilt would not be regarded as grave and withdrawal appears no less suitable than a conviction to keep you from such offences (§ 35 para 2 SMG). Unlike for personal use, this is not mandatory: even where all the conditions are met, the prosecutor decides in the exercise of due discretion (RIS-Justiz RS0121807). General diversion under §§ 198 et seq. StPO is also available, even without habituation. One condition is that the offence carries no more than five years‘ imprisonment (§ 198 para 2 no. 1 StPO), as with § 28 paras 1 and 2 or § 28a para 1 SMG. In practice, however, it is mostly refused for §§ 28 and 28a SMG on grounds of general prevention: a penalty is then considered necessary to deter others from such offences (§ 198 para 1 StPO). Separately, privileged treatment under § 28 para 4 or § 28a para 3 SMG can substantially reduce the sentencing range. It applies where you are habituated to drugs and committed the offence mainly to obtain drugs for your own use or the means to buy them (§ 27 para 5 SMG). In that case, for instance, the range of § 28a para 1 drops from up to five years to up to three years.

Charged with drug trafficking: what to do

Where you are being investigated for drug trafficking under §§ 28 or 28a SMG, there are concrete lines of defense. Experience shows: the earlier a specialised narcotics-law lawyer is brought in, the better the starting position. The most important steps, in order:

1. Stay silent. Give the police no information about the quantity, the origin, the intended use or your contacts. Any statement about regular sales or a planned handover can support the aggregation intent. Your right to silence is not an admission of guilt.
2. Challenge the purity. The expert report of the chemical laboratory determines the purity. That report can be questioned: the method of sampling, the storage of the substance, the analytical procedure. A difference of a few percentage points in the purity can decide whether the threshold is exceeded or not.
3. Contest the aggregation intent. Where individual partial sales are to be added together, the prosecution must prove that an overarching intent existed from the outset. Spontaneous or situational individual sales over a longer period do not establish an aggregation intent. Without it, the individual acts remain misdemeanours under § 27 SMG.
4. Contest the intent as to the quantity. The court must make findings on the defendant’s intent as to the pure-substance content to which the threshold quantity is linked (OGH 13 Os 13/13f). Conditional intent is enough: it suffices that the defendant seriously considered it possible that the threshold was exceeded and accepted it (§ 5 para 1 StGB; OGH 11 Os 93/21t). If that cannot be established, the subjective element for exceeding the threshold is missing.
5. Assert privileged treatment for habituated offenders. Privileged treatment under § 28 para 4 or § 28a para 3 SMG substantially reduces the sentencing range where you are habituated to drugs and committed the offence mainly to obtain drugs for your own use or the means to buy them (§ 27 para 5 SMG). This also covers selling drugs to finance your own habit with the proceeds. In practice, this privilege is invoked far too rarely.

Frequently asked questions on threshold quantities in narcotics law

Related articles